S. 4322 — Communications, Video, and Technology Accessibility Act of 2026

This section revises definitions applicable to video programming accessibility requirements (i.e., closed captioning and video description) under Section 713 of the Communications Act of 1934 (47 U.S.C. 613) by (1) broadening the video description definition to cover the key visual elements and dialogue of a video program or consumer-generated media (from a television program's key visual elements and the program's dialogue); (2) striking one existing definition; and (3) adding definitions for live programming, near-live programming, prerecorded programming, online video programming (i.e., delivered using internet protocol or successor protocol), and video programming (including internet-protocol delivery, on-demand programming, and programming streamed live or at prescribed times to viewers or subsets of viewers, excluding consumer-generated media). It further defines "disability" for this Act as having the meaning given in the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (Thus, these changes expand the scope of accessibility requirements to internet-delivered and streaming content.)

This section revises closed captioning requirements under the Communications Act (47 U.S.C. 713) to direct the FCC, within 12 months after receiving recommendations under section 106(d)(1) of the Communications, Video, and Technology Accessibility Act of 2026, to (1) revise regulations requiring closed captioning on all new online video programming (i.e., first made available on or after the effective date of the revised regulations), phased in through deadlines from two to six years after that effective date, with responsibilities apportioned among delivery entities, no distinction between full-length programming and clips, and live or near-live programming treated as prerecorded if reavailable after 48 hours; and (2) prescribe regulations to maximize accessibility of older online video programming (i.e., first made available before the effective date) and consumer-generated media, including requiring platforms to provide caption authoring tools, upload notices, and usage guidance. The section further directs the FCC, within two years after those recommendations, to extend caption quality standards (47 C.F.R. § 79.1) to such online content and to update those standards every four years beginning four years after enactment. (As background, current requirements mandate closed captioning on most television programming to ensure accessibility for deaf and hard-of-hearing individuals; these changes extend such access to internet-delivered video while preserving prior obligations.)

This section revises FCC audio description regulations under section 713(g) of the Communications Act of 1934 (as redesignated by section 102) by changing the subsection heading from "Video" to "Audio" and replacing paragraphs (2) through (4). (As background, audio description provides spoken narration of key visual elements during natural pauses in programming to make video content accessible to blind and visually impaired individuals.) For television programming, it directs the FCC to revise regulations within 12 months after recommendations under section 106(d)(1) of the Communications, Video, and Technology Accessibility Act of 2026 to require all video programming first published or exhibited on television on or after the effective date of the revisions to be fully accessible via audio description (English- and Spanish-language in all designated market areas, except as provided in paragraph (5)), with deadlines phased from not less than 2 years to not more than 6 years after the effective date; requires such programming to be labeled and discoverable via navigation devices; provides for dedicated audio channels/tracks if achievable (as defined in section 716(g)); and mandates contact information for reporting problems. For online video programming, it directs the FCC to revise regulations within 18 months after such recommendations to require all online video programming first made available on or after the effective date to be fully accessible via audio description (English- and Spanish-language), with deadlines phased from 2 to 6 years after the effective date; apportions responsibilities among entities to ensure audio description data remains intact and in common formats; requires guides/listings to indicate availability and discoverability; provides for dedicated audio channels/tracks unless not achievable; and mandates contact information for reporting problems.

This section revises the definition of "economically burdensome" under the closed captioning and video description requirements of section 713 of the Communications Act of 1934 (i.e., accessibility mandates for certain video programming providers). The term now means resulting in significant difficulty or expense, considering (1) the nature and cost of the closed captions or audio description; (2) the impact on the provider's or program owner's operations; (3) the provider's or program owner's financial resources; and (4) the type of operations of the provider or program owner.

This section directs the Federal Communications Commission (FCC), not later than one year after receiving recommendations under section 106(d)(2) of the Communications, Video, and Technology Accessibility Act of 2026, to prescribe regulations requiring that, for video programming first published or exhibited on television or first delivered via internet protocol (or successor) on or after the effective date of the regulations that includes sign language, the providing entity ensure the sign language presentation is visible on the viewer's screen throughout the programming pursuant to FCC standards. The regulations must incorporate compliance and enforcement procedures under 47 CFR 79.1(g)(9) or any successor regulation.

This section establishes a Closed Captioning, Audio Description, and Sign Language Advisory Committee within the Federal Communications Commission (FCC), to be appointed by the FCC Chair not later than 60 days after enactment by individuals with relevant technical and engineering expertise (e.g., from broadcasters, multichannel video programming distributors, vendors, disability organizations, captioning service providers, academics, sign language experts, and consumer-generated media specialists). The committee must submit recommendations to the FCC within 180 days of establishment on (1) deadlines for closed captioning and audio description of online video programming; (2) protocols, standards, and procedures for providing, receiving, displaying, and ensuring compatibility of such features; (3) apportioning responsibilities among online video entities; (4) metrics for caption accuracy, synchronicity, completeness, placement, and audio description quality; (5) achievability of dedicated audio channels for audio description and requirements for labeling and discoverability; (6) best practices to upgrade live or near-live programming quality to prerecorded levels; (7) easy-to-use authoring tools for user-added captions and descriptions; and (8) thresholds for applying section 713 closed captioning and audio description requirements (as amended by this title) to consumer-generated media.

This section directs the Federal Communications Commission (FCC), not later than four years after the effective date of regulations under subsection (c)(2)(D) or (g)(3)(D) implementing specified recommendations on closed captioning (i.e., synchronized text of audio content for individuals who are deaf or hard of hearing) or audio description (i.e., narrated descriptions of key visual elements for individuals who are blind or have low vision), to commence separate inquiries and, one year thereafter, submit reports to Congress on: (1) the availability, use, and benefits of closed captioning or audio description on consumer-generated media (e.g., videos created by individuals on social media platforms) and on online video programming first made available before the effective date of revised regulations under subsection (c)(2)(A) or (g)(3)(A); (2) the technical and operational issues and costs of providing such features for that content; and (3) the effectiveness of the FCC's measures, thresholds, scope, intervals, and deadlines in ensuring access for individuals with disabilities. The section authorizes the FCC to update those regulations and deadlines, as necessary, based on report findings to meet accessibility needs and reflect technological advances.

This section revises accessibility requirements for video playback apparatuses (i.e., televisions and similar devices) under subsections (u), (z), and (aa) of Section 303 of the Communications Act of 1934 (47 U.S.C. 303). (As background, these subsections require such apparatuses to support closed captioning for the deaf and hard-of-hearing and audio description—i.e., narration of key visual elements—for individuals who are blind or have low vision.) Specifically, it (1) replaces "visually impaired" with "low vision" in subsection (u)(1)(C) and "video description" with "audio description" throughout subsections (z) and (aa)(3); (2) in subsection (aa)(1), adds "or any successor protocol" after "protocol"; (3) adds new requirements in subsection (aa) for readily accessible activation mechanisms (per 47 C.F.R. §79.103(e)(1) or successor), a dedicated audio channel or track if achievable and feasible, a power-on or factory-reset prompt to adjust closed captioning and audio description settings, and compatibility with assistive technologies (e.g., refreshable braille displays, sip-and-puff switches, hearing aids, and real-time voice recognition for speech disabilities); and (4) revises the definition in redesignated subsection (aa)(8) by replacing "does not include" with "includes." This section further directs the Federal Communications Commission to prescribe regulations within 18 months of enactment apportioning compliance responsibilities among manufacturers, importers, maintainers, operators, and software providers for such apparatuses and navigation devices (i.e., set-top boxes).

This section defines “visual interpretation services” in the Communications Act of 1934 (47 U.S.C. 153) as functionality using human assistance or automation to generate real-time descriptions of visual information, including images and text, for blind or low-vision individuals. It further directs the Federal Communications Commission (FCC), not later than three years after enactment, to prescribe regulations requiring providers of interoperable video conferencing services and manufacturers of equipment capable of providing or enabling such services to make available, unless not achievable, the following accessibility features: (1) voice recognition functionality generating understandable speech for individuals with speech disabilities; (2) simplified user interfaces accessible to individuals with cognitive disabilities, including secure initiation and authentication modalities; (3) plain-language and iconographic instructional materials for individuals with cognitive disabilities; (4) visual interpretation services; (5) screen-reader capability for all user interface elements and shared visual information (e.g., presentations, videos, interactive documents); (6) compatibility with refreshable braille displays and tactile devices for interface elements and shared visual information; and (7) hands-free technologies. Entities may satisfy these requirements without third-party applications, devices, software, hardware, or customer premises equipment, or with them if consumers incur no associated charges; if not achievable otherwise, services or equipment must be compatible with commonly used accessibility devices for individuals with disabilities. (Section 716 of the Communications Act generally requires accessibility and usability of advanced communications services—such as interconnected VoIP and IP-enabled services—for individuals with disabilities.)

This section revises definitions in Section 225(a) of the Communications Act of 1934 to (1) add terms for communication facilitator (i.e., skilled sign language user facilitating DeafBlind communication via close vision or tactile sign language), Deaf interpreter (i.e., deaf or hard-of-hearing individual fluent in sign language with training for complex interpretation needs), and direct video calling service (i.e., one-to-one video customer support enabling real-time sign language communication between at least one disabled user and a government agency, business, nonprofit, crisis center, emergency authority, or other enterprise); and (2) expand the definition of telecommunications relay services to cover individuals who are deaf, hard of hearing, DeafBlind, or have a speech disability or auditory processing disorder, including communication facilitators for DeafBlind users and direct video calling services with call centers. The section also adds new requirements in Section 225(d) directing the FCC to prescribe regulations within two years of enactment to (1) deem eligible for Interstate TRS Fund support direct video calling services with government agencies, crisis centers, and emergency authorities; communication facilitators on TRS calls with DeafBlind individuals; and Deaf interpreters accompanying hearing communications assistants on video relay service (VRS) calls; (2) ensure full, equal, direct access by sign language users who are deaf, hard of hearing, DeafBlind, or have a speech or cognitive disability to public safety answering points and other emergency authorities, including those responding to 9-1-1 wireless calls; and (3) unless not achievable, provide a single telephone number for receiving VRS, voice, or text messages. Those regulations must further require, unless not achievable, native dialing or one-step mobile access for VRS and direct video calling service users to transmit location information to emergency authorities with the same speed and efficiency as voice 9-1-1 calls. Additionally, the section requires the FCC, not later than four years after enactment and every four years thereafter, to reassess available services and minimum standards. (As background, telecommunications relay services enable functionally equivalent telephone communication for individuals with hearing or speech disabilities and are supported by contributions to the Interstate TRS Fund administered by the FCC.)

This section revises the National Deaf-Blind Equipment Distribution Program (NDBEDP)—which provides communications equipment and services to eligible DeafBlind individuals—by (1) removing the low-income eligibility requirement; (2) expanding the definition of "individual who is DeafBlind" to incorporate the definition in section 206 of the Helen Keller National Center Act and include individuals diagnosed with a cortical or cerebral visual impairment, an auditory processing disorder, or both; (3) increasing the annual funding authorization to $20 million (from $10 million), with annual inflation adjustments determined by the Federal Communications Commission (FCC); and (4) directing the FCC to update implementing regulations within 18 months of enactment. (Thus, the program is now available to all DeafBlind individuals regardless of income.)

This section requires manufacturers and service providers of advanced communications services and equipment, as well as video programming providers, multi-video programming distributors, and video apparatus manufacturers that offer live or machine-generated customer assistance, to make such assistance usable for individuals with disabilities who rely on sign language through real-time communication via direct video calling services (i.e., as defined in section 225(a) of the Communications Act), unless not achievable. The section further directs the Federal Communications Commission (FCC) to prescribe implementing regulations within one year for advanced communications services and equipment and within two years for video programming services and apparatus, including standards to ensure equivalent effectiveness in availability, scope, and quality compared to support for the general public.

This section establishes a new section 723 of Title VII of the Communications Act of 1934 concerning emerging technology accessibility, defining augmentative and alternative communication as any tool, method, technology, strategy, service, training, coaching, or other support used to supplement or replace speech. It directs the Federal Communications Commission (FCC), in consultation with the U.S. Access Board, to submit reports to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Energy and Commerce not later than 5 years after enactment and every 5 years thereafter assessing (1) the extent to which emerging communications and video programming technologies—such as artificial intelligence, augmented reality, virtual reality, extended reality, dual reality, spatial computing, advanced machine learning, wireless technologies including Wi-Fi and Bluetooth, robotics, the Internet of Things, and other advanced computing—create accessibility opportunities and barriers for individuals with disabilities; and (2) solutions needed to ensure such technologies and services are accessible and compatible with peripheral devices or specialized customer premises equipment used by individuals with disabilities. In preparing the reports, the FCC must assess effects on individuals with disabilities who have limited language or communication abilities (including speech disabilities, augmentative and alternative communication users, and cognitive disabilities); significant, targeted, or multiple disabilities (including blind or low vision, deaf or hard of hearing, DeafBlind, auditory processing disorder, cortical or cerebral visual impairment, or combined communication and mobility disabilities); or additional barriers due to age, geographical location, socioeconomic status, or Tribal affiliation. Not later than 2 years after submitting each report, the FCC must prescribe new or updated regulations to ensure accessibility of such technologies and services where necessary to further the goals of FCC regulations under 47 C.F.R. parts 6, 7, 14, and 79 (or successors), which implement statutory accessibility requirements for telecommunications, video programming, advanced communications services, and equipment.

This section expands FCC forfeiture authority under section 503(b)(5) of the Communications Act to hold tower owners or operators liable for violations by tower users of specified accessibility requirements for individuals with disabilities (i.e., sections 225 [relay services], 255 [accessible equipment], 276(b)(1)(A) [hearing aid compatibility], 303(u)-(aa) [apparatus accessibility], 330(b) [manufactured apparatus], 710 [video programming access], 711 [closed captioning], 713 [user interfaces], and 715-719 [advanced communications, apparatus, and emergency access]). Subsection (b) specifies that this Act does not modify, impair, supersede, or preclude enforcement of other state or federal disability rights and civil rights laws.

This section revises the accessibility complaint reporting requirements in Section 717 of the Communications Act of 1934 (47 U.S.C. 618) by striking subsections (b) through (e) and requiring the FCC to submit a report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Energy and Commerce not later than three years after enactment of the Communications, Video, and Technology Accessibility Act of 2026 and every three years thereafter. The report must include (1) the number and nature of complaints received pursuant to Section 303(u), (z), or (aa), Section 330(b), Section 713, or Section 716(a); (2) actions taken to resolve those complaints, including forfeiture penalties assessed; (3) the time taken to resolve each complaint; and (4) the number, status, nature, and outcome of mandamus actions under Section 717(a)(6) and appeals under Section 402(b)(10).